Loading...
HomeMy WebLinkAbout12/08/1997 - Regular Meeting® CITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 8, 1997 - 7:00 p.m. INDEX None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Noyes. Invocation by Bishop Tom Thorkelson, Jesus Christ Church of Latter Day Saints. Presentation of gavel plaque to outgoing Mayor Jan Debay. ® Presentation of Award by the State Division of Oil, Gas and Geothermal Resources to the City for operating the City's oil and gas leases in an exemplary manner. Waived reading of the minutes of the Regular Meeting of November 24, 1997, approved as written and ordered filed; and waived reading of the ordinances and resolutions under consideration and directed City Clerk to read by titles only. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): • Mayor Pro Tent O'Neil requested a report at this meeting or the next meeting regarding the storm damages. (Note: the report was provided during the discussion of Item 14). • Council Member Hedges requested that the Legislative Committee evaluate whether the reading of the minutes, ordinances and resolutions can be handled as part of the Consent Calendar. • Council Member Noyes acknowledged Officer Craig Fox who was named Police Officer of the Year by the American Legion. ® Mayor Edwards commended the staff that worked around the clock cleaning up the debris from the storm. Volume 51 - Page 529 City of Newport Beach City Council Minutes December 8, 1997 INDEX ® CONSENT CALENDAR ORDINANCE FOR ADOPTION 1. ADOPT ORDINANCE NO. 97 -39 AMENDING: CHAPTER 5.12 OF THE Taxicabs NBMC PERTAINING TO VEHICLES FOR HIRE AND ADDING Ord 97 -39 CHAPTER 5.17 ESTABLISHING REGULATORY AUTHORITY FOR Res 97 -83 TAXICABS THROUGH THE ORANGE COUNTY TAXI (27) ADMINISTRATION PROGRAM (OCTAP). ADOPT RESOLUTION NO. 97 -83 REGARDING TAXICAB RATES AND REQUIREMENTS. 2. ADOPT ORDINANCE NO. 97 -40 APPROVING AN AMENDMENT TO Business/ TITLE 20 OF THE NBMC TO ADD NEW SEICTION 20.60.115 WHICH Mixed -use WILL REGULATE BUSINESSES LOCATED IN MIXED -USE ZONING Zoning District DISTRICTS BETWEEN THE HOURS OF 2:00 A.M. AND 5:00 A.M. Ord 97 -40 [AMENDMENT NO. 8621. (94) 3. ADOPT ORDINANCE NO. 97 -41 AMENDING PROVISIONS OF Bicycle Licensing CHAPTER 12.56 OF THE NBMC PERTAINING TO BICYCLE Ord 97 -41 LICENSING (REPEALS THE CURRENT MANDATORY BICYCLE (70) LICENSING PROVISIONS FOR RESIDENTS, E113UNATES THE PROVISIONS REQUIRING DEALER BICYCLE SALES REPORTS; AND ABOLISHES PROVISIONS AUTHORIZING IMPOUNDMENT ® OF UNLICENSED BICYCLES). RESOLUTIONS FOR ADOPTION 4. ADOPT RESOLUTION NO. 97 -84 APPROVING TWO HOUR TIME Parking LIMIT PARKING ON BAYVIEW WAY. Res 97 -84 (85) 5. Removed from the Consent Calendar by Council Member Hedges. CONTRACTS AND AGREEMENTS 6. JOINT POWERS AUTHORITY AGREEMENT BETWEEN THE CITY JPA - Newport - OF NEWPORT BEACH, THE NEWPORT -MESA UNIFIED SCHOOL Mesa USD, Irvine DISTRICT, AND THE HtVINE UNIFIED SCHOOL DISTRICT. USD & CNB Re: Approve the Joint Exercise of Powers Agreement; creating the Bonita Canyon Bonita Canyon Public Facilities Financing Authority, and appoint the City Manager and C -3172 Administrative Services Director to be members of the Authority's Board. (38) 7. COUNTY SANITATION DISTRICTS OF ORANGE COUNTY: OC Sanitation RELOCATION OF LIDO PUMP STATION. Approve an easement District/Lido agreement with County Sanitation Districts of Orange County to construct a Pump Station new sewer pump station, and authorize the Mayor and the City Clerk to C -2886 execute the agreement and the easement. (38) ® S. NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" Newport Blvd/ INTERCHANGE IMPROVEMENTS (C- 2886). Adopt the findings as Coast Hwy Arches Volume 51 - Page 530 City of Newport Beach City Council Minutes December 8, 1997 ® outlined in the staff report to permit the prime: contractor for this project, Brutoco Engineering and Construction, Inc., to designate Simich Construction Company, Inc., as the subcontractor for sanitary sewer work, and determine that Brutoco may designate Simich without penalty. 9. HOAG HOSPITAL METHANE GAS MITIGATION SYSTEM. Approve the design and relocation of the Hoag Hospital Methane Gas Mitigation System; based on the re- evaluation of the certified Environmental Impact Report, concur that there are no conditions described in California Environmental Quality Act Guidelines Section 115162 or Section 15163 which would require the preparation of a Subsequent Environmental Impact Report or Supplemental EIR; and authorize the City Manager to execute a Cooperative Agreement between Hoag Hospital and the City of Newport Beach. The motion carried by the following roll call vote: Ayes: Thomson, Debay, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: O'Neil ® 10. ASSESSMENT DISTRICT NO. 79 BEACON BAY, PROFESSIONAL SERVICES AGREEMENT AND BUDGET AMENDMENT (BA -027). Authorize a budget amendment to appropriate $97,000 in the Assessment District Capital Project fund to proposed Assessment District No. 79 Beacon Bay, Account No. 7401- 005200418; and authorize the Mayor to execute a Professional Services Agreement with Willdan Associates in an amount not to exceed $81,500 for assessment and design engineering services. IL MACARTHUR BOULEVARD WIDENING - SEGMENT 2, AMENDMENT NO. 1 TO PROFESSIONAL : SERVICES AGREEMENT WITH ROBERT BEIN, WILLIAM FROST B: ASSOCIATES. Approve Amendment No. 1 to Professional Services Agreement with Robert Bein, William Frost & Associates authorizing additional civil engineering services and compensation in an amount of $43,102 to support Segment 2 construction of the MacArthur Boulevard Widening Project; and authorize the Mayor and City Clerk to sign Amendment No. 1 on behalf of the City. MISCELLANEOUS ACTIONS 12. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 1997. 13. Removed from the Consent Calendar by Council Member Noyes. 14. Removed from the Consent Calendar by Council Member Debay. ® 15. Removed from the Consent Calendar by Council Member Hedges. Volume 51 - Page 531 INDEX (38) Hoag Hospital Methane Gas Mitigation C -3099 (38) Proposed Assessment Dist 79 Beacon Bay/ Prof Services Agreement Willdan C -3173 BA -027 89/38/40 MacArthur Blvd Widening - Segment 2 - Bein/Frost C -2825 (38) Planning (68) City of Newport Beach City Council Minutes December 8, 1997 ® 16. AUTHORIZATION FOR MAYOR PRO TEM[ O'NEIL PURSUANT TO CITY COUNCIL POLICY A -8 TO USE CITY STATIONARY TO WRITE A LETTER OF SUPPORT ON BEHALF OF THE CITY COUNCIL FOR THE NEWPORT COAST TRIATHLON SPONSORED BY THE KIWANIS CLUB IN JULY OF 1998. 17. PRIVATE BANNERS WITHIN NEWPORT CENTER DRIVE AND NEWPORT CENTER DRIVE EAST/WEST ( "RING ROAD') PUBLIC RIGHT -OF -WAY. Approve request of the Conference and Visitors Bureau for private banners within Newport Center Drive and Newport Center Drive East/West public right -of -way, subject to the conditions set forth by the Public Works Department. 18. BAY KNOLLS REQUEST TO CHANGE SPHERE OF INFLUENCE (contd. from 10/27/97, 11/10/97 and 11/24/97). Continue to January 12, 1998. S31. BATNIJI RESIDENCE, 6800 WEST OCEAN FRONT. Consent to the request of the appellant to schedule the hearing later than 30 days from the date of filing the appeal, and schedule the hearing on February 23, 1998. MOTION BY MAYOR PRO TEM O'NEIL TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (5, 13, 14 and 15) ® AND WITH AN ABSTENTION REGISTERED BY MAYOR PRO TEM O'NEIL ON ITEM 9. Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. NEWPORT CENTER DRIVE PARKING. Council Member Hedges pointed out that one year ago the Council authorized parking along the outer ring of Newport Center Drive and this request is for parking on the inner ring on a trial basis. He spoke against the proposal for visual and liability reasons. Motion by Mavor Pro Tem O'Neil to direct staff to work with The Irvine Company to implement parallel parking along the inner edge of Newport Center Drive East(West on a trial basis for 6 months; and to adopt Resolution No. 97 -84 establishing a two hour time limit on Newport Center Drive East and West. Council Member Glover said she personally supports the proposal, however her one concern is whether The Irvine Company should post signs for pedestrian crossings. She directed staff to work with the City Attorney on liability issues related to the posting of pedestrian signs. With Council Member Hedges dissenting, the motion carried by acclamation. ® 13. REQUEST FOR AN EXCEPTION TO THE SIGN CODE TO ALLOW THE REPLACEMENT OF AN EXISTING CONFORMING POLE SIGN WITH A POLE SIGN WHICH CONTAINS A. MARQUEE TYPE SIGN Volume 51 - Page 532 Letter of Support (33) Private Banners/ Newport Center Drive (74) No report Zoning (94) Parking/Newport Center Drive Res 97 -84 (85) Franklin Realty Sign Exception Permit 51 City of Newport Beach City Council Minutes December S, 1997 ® ANIMATED WITH MECHANICALLY CHANGEABLE COPY ON THE PROPERTY LOCATED AT 3250 EAST COAST HIGHWAY (FRANKLIN REALTY SIGN) (Jeffrey Stern, applicantlappellant). City Manager Murphy explained that the appeal procedure requires that the hearing be scheduled within 30 days of the filing of the appeal unless both the applicant and reviewing body consent to a later date. Mr. Stern has requested that the hearing be scheduled for January 26, 1998. Motion by Mayor Pro Tern O'Neil to approve the request of the appellant to schedule the hearing later than 30 days from the date of filing the appeal, and to schedule the hearing for January 26, 1998. Without objection, the motion carried by acclamation. 14. UPPER NEWPORT BAY UNIT III DREDGING PROJECT. City Attorney Burnham reported that he just received word that an Orange County jury has awarded $18.5 million in damages and penalties to the State, City of Newport Beach, City of Huntington Beach and the County of Orange in litigation involving the American Trader oil spill. He said he is hopeful that a substantial portion of that money can be used for bay dredging or other upper bay improvements. ® Mre/Marine Chief Riley reported that during the recent storm activity the City faired fairly well and the actual damage related to buildings, structures and personal property was pretty low. He said the City had no loss of life or significant injuries as a result of the storm activities. He reported on the impacts to the harbor and the cleanup efforts that the City staff has undertaken. General Services Director Niederhaus reported that the City was fortunate to not have high winds and high surf at the same time. He stated that Buck Gulley endured heavy water through the channel which took out part of the sidewalk and caused major erosion on the beach. He said staff expects a lot of flow from the Santa Ana River and estimate that 100 -200 tons of debris will come on shore. He explained that the City ran out of sand bags, however was able to borrow 5000 and expect to have a new supply by Wednesday or Thursday. On Back Bay Drive he said he expects the lower section from Shellmaker up to San Joaquin to be closed for about 30 -60 days because runoff from Santa Barbara down through John Wayne Gulch took out the storm drain and undermined the road for about. 100 feet in each direction. The upper section faired better with only a minor slide and it will be open within two weeks. The only damage at City Hall was in the computer room. He asked the residents to help make sure that storm drain basins are clear in the future and requested that if anyone see any problems to call General Services at 644 -3055. He said staff will work up an estimate for damages in the next few days. He pointed out that all kinds of vectors can be in the debris and explained that the debris has to dry out before the land fills will ® take it. Public Works Director Webb explained that the utilities crews responded to a Volume 51 - Page 533 INDEX Upper Newport Bay Unit III Dredging C -2987 (38) City of Newport Beach City Council Minutes December 8, 1997 ® number of high water activities. There were a number of the sewer pump stations that had high water alarms and required special bypass pumping. The rain also caused at least five water main breaks. He noted that a piece of equipment that was cleaning Coast Highway was used for a water rescue in the Arches interchange. Assistant to the City Manager Ducey stated that the City has not gotten a report from the County on damages to the upper bay regarding silt coming down. The contractor is expected to bring their equipment in by the end of this month and begin dredging initially in one location and sometime in January in two different locations. She said the contractor will continue to dredge throughout the winter. She reported that, the initial funding is for $2 million. During this legislative year the City expected to get the remaining funds from a bill that was going to create something called the Coastal Conservancy. That bill died in the legislature, however staff has just received information that the bill will be resurrected and hopefully put on a fast track for the coming legislative session. She said staff has been told that they expect to have a line item in that bill for the upper Newport Bay to finish the dredging project. Council Member Glover reported that she received a lot of phone calls regarding the debris in the bay and the harbor and pointed out that one of the things we have to remember is that this was not generated in Newport ® Beach. The City is part of a watershed that goes all the way from Lake Forest to South Coast Plaza and all of those areas drain down into Newport. The San Diego Creek drains an area of approximately 150 square miles before it enters Upper Newport Bay. No action was taken on this item. 15. TRAFFIC SIGNAL PREEMPTION IN ORANGE COUNTY. Council Member Hedges reported that this item recommends that the City Manager forward a response to the presiding judge of the Superior Court on some grand jury recommendations. He questioned what the business of the Orange County Grand Jury is and why they are involving themselves in municipal and legislative affairs. City Attorney Burnham explained that the Grand Jury has two functions. One function is to hand down criminal indictments and the other function which they are authorized by state law to perform is to conduct investigations of government and hopefully help government function better. Council Member Hedges voiced concerns with their involvement with traffic signal preemption. He reviewed their recommendations and pointed out that these items are clearly under the purview of the legislative authority of the Orange County Board of Supervisors and the individual cities. He said he would invite the Grand Jury foreman to explain what the Grand Jury is ® doing that is more important than what the individual cities or Board of Supervisors is doing with these legislative decisions. Volume 51 - Page 534 11 1 ` Traffic Signal Preemption (85) City of Newport Beach City Council Minutes December 8, 1997 ® Motion by Council Member Glover to direct the City Manager to forward a response to the Presiding Judge of the Superior Court urging the retention of individual City decision making on traffic signal preemption systems and the use of Gas Tax or other local revenues for funding of future preemption systems. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Council Member Hedges wished everyone a Merry Christmas and a happy holiday season. PUBLIC HEARINGS 19. PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT FOR THE 1998 CALENDAR YEAR. Principal Planner John Douglas explained that this is the second meeting on the renewal of the Restaurant Business Improvement District. The initial hearing was held on November 10, 1997 and Council is required to hear the matter twice. He reported that out of 350 restaurants two protests were received. ® Mayor Edwards opened the public hearing, and hearing no testimony, closed the hearing. Motion by Mayor Pro Tem O'Neil to adopt Resolution No. 97 -85 confirming the Newport Beach Restaurant Improvement District Annual Report and levying the BID assessment for Calendar Year 1998 at the same level as the prior year. Without objection, the motion carried by acclamation. 20. PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT FOR THE 1998 CALENDAR YEAR RENEWAL. Principal Planner John Douglas reported that the first hearing was held on November 10, 1997. He explained that this afternoon a stack of protests was received by the City Clerk's office and staff has been trying to confirm that the protests that were filed were actually filed by the owners of the business. He was able to confirm that 38 protests were received that were signed by the owners of the business, which represents 38 %n of the total assessment. Staff was not able to confirm that the additional 15 protests were signed by the owners of the businesses. Based on that information, the official protest received is 38 %. If the 15 additional businesses were confirmed, the protests would represent just over 50 %. City Manager Murphy explained that if there is more than a 50 %n protest the proposal would automatically fail, therefore the proceedings to renew the ® district would be abandoned. Mayor Edwards opened the public hearing. Volume 51 - Paige 535 Ilhll ./ Newport Beach Rest Improvement Dist Res 97 -85 (27) Marine Avenue BID (27) City of Newport Beach City Council Minutes December 8, 1997 INDEX Howard Silver, 213 -1/2 Marine Avenue, Past President of the Balboa Business Association, said the main issue is whether there are 50% protests. He said that on the sheet handed out to them today there are 83 businesses listed. From the 83 listed there are 38 with confirmed signatures, however there are also 11 other businesses that they were able to get signatures from, which brings the total of businesses on Balboa Island to 94. With 49 protests filed it would bring the number of protests to over 50 %. He said the BID has been run with an absolute disregard to the people who contribute to it, there is no accountability to the people, no responsibility, no outreach to the people that contribute to it, and they have never voted on anything. He referred to the list of expenditures from January of 1996 to September of 1997 and noted that there is over $3500 taken out of the BID and given to the business association for miscellaneous items. He said they have not had any professional consultants assist them, there have not been any increase in the number of businesses and more businesses then ever are going out of business. In response to Council Member Noyes, Mr. Silver stated that if a consultant is hired to decide where to spend the $25,000 to maximize effectiveness, if they knew where the money was going, and if they received better communication, he might be interested in continuing the BID. Lewis Akerman, 333 Marine, said that his understanding is that the 49 owners that submitted opposition letters were individually interviewed and ® signatures took place in their businesses with the exception of Forest Fisher. He said that if the assessments were based on the square footage it would be more fair. He said the people that have objected should have an opportunity to contest the staff findings. Council Member Glover explained that the City's responsibility is to hold a hearing once a year and to be a holder of the money collected. Assistant City Manager Wood clarified that the City's responsibility is in establishing the Bid and the City has the legal authority to make the assessments. The BID, a separate organization, makes the decision on how the money is spent as long as it conforms with the plan that was reviewed by the City Council. Nancy Kelly, 332B Marine Avenue, President of the present BID, said she thinks there is a breakdown in communication, however it works both ways and the existing BID organization is attempting to overcome that. She said they have started a newsletter, the Business Association Navigator, and she cited examples of things included in the newsletter. She said 100 newsletters were distributed and not to just members of the BID, but to every business on the island. At the last BID meeting she brought it to the City's attention that the list is not accurate. This year the majority of participants in the BID are having their assessments lowered. Mayor Pro Tem O'Neil reiterated the City's role in the improvement district, ® and stated that the Council is in a difficult position to assess whether 50% or more protests have been filed and he doesn't believe they have enough information to make a decision. Volume 51 - Page 536 City of Newport Beach City Council Minutes December S, 1997 Motion by Council Member Hedges to continue the public hearing until January 12, 1998 to allow staff time to make a determination on the number of protests received as of 5:00 p.m. on December 8, 1997. Lewis Akerman asked if the can protesters can. work with staff to provide additional input and assistance. Mayor Edwards reiterated that there needs to be a verification of the number of the businesses and the number of 'protests and based on that information the Council will then make a determination to either abandon the proceedings or move forward. Council Member Noyes said there is a lot of misinformation going back and forth and suggested that in the interim a meeting should be held. He said he is hearing that the businesses are in favor of it but need to understand it. He said there are discussions about the Chamber of Commerce assisting the BIDS in an organization fashion offering them secretarial and management skills. Mayor Edwards explained that the determination of the number of protests received will be as of 5:00 tonight, however protests can be withdrawn. He said the public hearing will remain open and will be continued to January ® 12, 1998. Without objection, the motion carried by acclamation. 21. PUBLIC HEARING TO CONSIDER TIIE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF USE PERMIT 1521 (AMENDED) TO ALLOW A CHANGE IN THE OPERATIONAL CHARACTERISTICS OF AN EXISTING RESTAURANT FACILITY TO PERMIT THE ADDITION OF A DANCE FLOOR AND TO ALLOW THE USE OF AMPLIFIED SOUND IN CONJUNCTION WITH PREVIOUSLY APPROVED LIVE ENTERTAINMENT - THE CANNERY RESTAURANT (Don Gregory, appellant). Assistant City Manager Wood reported that the Planning Commission considered this issue on two evenings before they made a decision. The application was approved on November 6, 1997 and appealed on November 19, 1997. The two significant issues that were considered were the internal and external noise, however with the number of conditions included for approval it was determined that the internal noise could be controlled. If the current application is denied the applicant will be allowed to have only recorded music. She said the external noise issue was more challenging and the applicant agreed to submit a security plan to deal with people who are waiting to enter the facility or are leaving at the end of the evening. The condition includes an option under which the applicant can pay for additional police services to control public nuisances, however this condition ® can only be implemented if it is approved by the City Council. A condition has been added which allows for an automatic review in July of 1998 and in January of 1999 in case there are problems so that the conditions of approval Volume 51 - Page 537 INDEX UP 1521 (Amended) Cannery Restaurant (88) 1 City of Newport Beach City Council Minutes December 8, 1997 I10 1 ' can be adjusted or the permit revoked if there are serious problems. Council Member Hedges voiced concern about the large number of calls for service over the past 22 months, which was the period of time in which the Cannery was operating illegally by allowing dancing and amplified music. He noted that there have been a great deal of problems in the last couple of years within a triangle area bounded by DP's, the Cannery and Malarkey's. He said the bottom line is that this decision is one of land use /use permits so it transcends the personalities involved. He said this issue is not about Bill Hamilton, but about the use of land and whether this is an appropriate use for that site. Council Member Noyes noted that problems have been identified in the Cannery area and he has had calls from people who don't want to promote Newport Beach as a nightclub town. He explained that this is an intensification of use and he can't support more intensification of alcohol use anywhere in Newport Beach. Council Member Glover pointed out that the Council is committed to putting $8 million into the peninsula to make the area more livable for the residents. She also noted that this is a land use issue so the permit goes with the land and it doesn't matter who the operator is. ® Mrs. Wood explained that the live entertainment and dancing requires two approvals, one for the use permit and the other for a live entertainment permit that is issued by the City Manager. Council Member Debay noted that the Cannery has been a restaurant since 1971 and the problems are as a result of it being in a mixed use area. Mayor Pro Tem O'Neil said he believes there is more of an external noise problem than an internal noise problem. He said everyone has the highest regard for Bill Hamilton and he believes that if he is given an opportunity to operate, he would be the first one to shut it down if he received complaints. He said the large congregation of people that are attracted to that area is what creates the problem. One of things that could come out of this is a program whereby the applicant would retain off duty police officers to step up the enforcement in that area. Mayor Edwards said he would like to know the background of the meeting with the Police Department. He said he would like to know what the resident's sense is with regard to the internal and external noise issues (behavior) and if that is where the problem is perceived. He asked staff if there can be a requirement to impose public security such that an applicant pays for actual police calls and police patrols. If that is possible, can it be paid through an assessment. City Attorney Burnham said he believes there would be Prop 218 issues that ® would need to be addressed in order to assess property owners, but it may be feasible. This option would also depend upon the ability of the City to staff it. Volume 51- Page 538 u City of Newport Beach City Council Minutes December 8, 1997 INDEX In response to Mayor Edwards, Assistant City Manager Wood explained that there was one original use permit on this property for the restaurant and one that was added sometime later for live entertainment that had a sunset that was being regularly renewed. She further explained that the process has not continued as an amendment to the use permit is being processed. With regard to the live entertainment staff and the Planning Commission determined that it could continue as the old use permit allowed it to, however the dancing was another issue since it wasn't permitted even by the other use permit. Mayor Edwards opened the public hearing. Don Gregory, 601 Lido Park Drive, reported on the meeting with the Police Department and the issue of controlling the noise situation by using off duty police officers. He said they were told that the external noise problems will take a long time to resolve, and even though the substance of the meeting was very cooperative, he felt it was a dead end. 'The police feel they can't do anything to really solve the problem. He said he has been in the entertainment business for 37 years and knows sound and to apply those kinds of restrictions on the Cannery is impossible because it is a wooden building on the water. He said the issue isn't about Mr. Hamilton but the negative environment he wants to exacerbate. He quoted crime statistics from January 1, 1997 through September 30, 1997 and noted that of the ® 2969 arrests in Newport Beach more than 800 were in the Cannery Village area and 64% of those arrests were alcohol related. He said the Council is trying to revitalize this area, it would be unfair to grant this license and would go against what the Council has been asked to do. Bill Hamilton, Cannery Restaurant, said they are a major historic landmark restaurant, have been around for 25 years and they are facing very tough competitive times. He said they are not trying to intensify the use, but trying to get back a little of what they have lost in the :last four or five years. They have had live entertainment since they started 25 years ago and have had a lot of dancing going on even though they don't have a permit for it. He said they don't advertise dancing and don't even have a dance floor, however it is spontaneous. He said they currently have permission to stay open until 2 a.m., are allowed to have recorded music, and intend to keep the noise below what the City permits. He said the exterior noise problem and behavior isn't entirely their doing. He said there are less service calls today than a year ago and believes it is due to the Cannery Village Restaurant Association. He said they are looking for an older more responsible crowd and think they can control that by dress code, music (level and type), and if possible, uniformed police officers. He said they are asking for a temporary permit which can be pulled at anytime if problems occur. He said he hopes he gets a chance to try this, and if doesn't work, they will be the first to stop it. He respectfully requested a solution tonight since this has gone on since September and October. ® Terry Heidelburg, General Manager for The Cannery, reported that the calls for service have gone down tremendously since last September. There have been nine calls for service since January 1st and six were noise related. She Volume 51 - Page 539 City of Newport Beach City Council Minutes December 8, 1997 ® reported that all of their bar personnel were trained by ABC approximately eight months ago and will have a refresher course this coming summer. She said they are issued certificates that are good for two years and are required to sign employment contracts that automatically terminate for serving an intoxicated person. Mayor Edwards asked for a show of hands of opponents and proponents. Pamela Plotkin, 509 31st Street, said she has had a business in the Cannery area for seven years and the business has increased every year until this year. She reported that they have spent thousands of dollars on the building and have experienced people defecating, vomiting, writing, ripping down wood fences, iron posts, lights, flower pots, and steeling gardening accessories. She said most of the thefts or problems are under $500 so it is deemed insignificant, however she has to pay for these costs out of her pocket. She said she has had to put a video camera outside the building and has a 24 -hour monitor in her home. She said she wants Mr. Hamilton to be successful, wants Cannery Village to be a fun place, and wants a great neighborhood. She said she has offered to help pay for security. Judy Burlingham, 3848 Campus Drive, said she knows that Bill Hamilton is • good neighbor and believes he should be given a chance to prove that he is • good neighbor. She said she thinks a lot of the vandalism is from different ® clientele and she thinks the caliber of people that come into the Cannery will act better than when they go to the other places. Vince Kontny, 601 Lido Park Drive, said he thinks the Cannery is an excellent restaurant and he wants to keep it as such. He said he is not sure he understands the issue between external and internal noise. He said he is opposed to the permit. George Leeper, 419 30th Street, President of Cannery Village Association, spoke in support of Mr. Gregory's appeal. He said that all of the problems are related to alcohol and asked the Council not to allow a nightclub in the area. In response to Mayor Edwards, he said he thinks the Council should review all of the use permits in the area that are alcohol related. Cliff Sechrist, 601 Lido Park Drive, said he attended the meeting at the Police Department and noted that the thing that bothers him most is the establishment of a dance hall since it will attract people from all over Orange County. He said he came away from the Police meeting with the feeling that they can't count on anything without the addition of more police officers. Win Hopgood, 601 Lido, said that a few months ago it was suggested that funds be spent to enhance the peninsula and to approve something that will increase the youthful party activities makes no sense and is illogical. Antoinette Constand, 31751 8th Avenue, Laguna. Beach, spoke in support of ® the Cannery and said she believes the Cannery is actually the solution since it attracts the type of people that they want to be around. Volume 51 - Page 540 110111 ` City of Newport Beach City Council Minutes December 8, 1997 isDave Carlson, 601 Lido, spoke in opposition to the application. He said he purchased his condominium to be in a quiet neighborhood, however has already been disrupted by activities and noise. John Word III, 621 Lido Park Drive, spoke in support of the application and said it is important to have someplace for people to go to entertain themselves. He said the Cannery has been doing this for ten years and denying the application won't change the problem. Alan Steigrod, 801 Lido Park Drive, referred to the report from Sharon Wood about the problems being experienced by the residents of Cannery Village in the mixed use area. The level of alcohol in related and criminal activity is not conducive to a stable neighborhood. He said the City needs to develop ways to protect residents from negative impacts from other uses allowed. He said it is not possible long term to increase the number of officers on a regular basis without increasing the total number of officers or reducing the police coverage in other areas. He read three points that were passed by the Council: 1) to amend the Cannery Village specific plan to eliminate or limit alcohol related business or discourage such business and residential use in close proximity; 2) to enforce land regulations and operating standards for alcohol related and other businesses with the potential to negatively impact residents; and 3) to initiate abatement proceedings for non - conforming uses that do not promote the general welfare of the area. He asked how the City ® Council can pass this last year and then today vote on a dance hall that will possibly exacerbate the problems in the area. Gary Greeney, 3600 Newport, said the last time he spoke before Council he described an incident when he was videotaping incidents in the neighborhood and was beaten up and stated that he has been beaten up again. He said it is not safe to walk around the Cannery Village after midnight, however since the dancing has stopped he hasn't been beaten up and there has been less of a problem. He asked the Council to sustain the appeal. Richard Luehrs, President of the Newport Chamber of Commerce, reported that over a year ago the Chamber conducted a. couple of meetings where representatives of the residential community of (tannery Village and the bar owners got together to discuss this particular issue. At the time they came up with an eight point plan and seven of those points were fulfilled on behalf of the bar and restaurant owners. The eighth point that they asked for was for the bar and restaurant owners to go on record in opposition to Mark Wood's establishment, however the restaurant owners declined to do so, but did fulfill all of the other seven points. He said he attended the meeting with the Police Department at which time the Police Chief said that he wished that more bars were owned by Bill Hamilton and they would have less problems. Four out of the five officers when asked what should happen with the permit, said they thought Mr. Hamilton should be given a chance to see if he could make it work. ® ( ?), 601 Lido Park Drive, said he remembers coming out of the Elks Club and not being able to get up the street because of the ruckus at the Thunderbird. Volume 51 - Page 541 INDEX City of Newport Beach City Council Minutes December 8, 1997 ® If you walk up the street at night you better be carrying a big stick since an area has been created that is a magnet for people to get high and become very loud. The people who live in the vicinity of the Cannery are reserved and their welfare is jeopardized. Bruce Nott, 701 Lido Park Drive, said he recently has an opportunity to look at the people that are frequenting this restaurant. He referred to a letter from St. James Church expressing concern about this application. He pointed out that there is legislation before the Senate and Assembly to lower the blood alcohol level and he can assure the Council that anyone that is there after midnight has had an equivalent of 4 to 6 ounces of alcohol and all could be arrested for drunk driving. Terry Heidelberg, General Manager of Cannery Restaurant, said they didn't know there was a problem until last November and since then they have had meetings to try to correct the problems. She said a lot of the problems are not created necessarily by the people coming to the Cannery. She said they are trying to attract the 30 -50 year old crowd and feel they can control their destiny by the music they offer. She said they want clientele that will have dinner in the restaurant, listen to live entertainment, and dance. She said it is up to them to make sure noise level stays below what the City standards are and up to them to control problems in the parking lot. After 25 years she said she believes they deserve a chance. ® Hearing no further testimony, Mayor Edwards closed the public hearing. Police Chief McDonell said he attended the meeting on Thursday and noted that this is a land use policy issue and they have gone on record that the Police Department doesn't make policy decisions. The Police Department didn't say they can't make a difference, but said that they can't guarantee there won't be any nuisance related activities. The Police Department has made a significant difference in reporting area l;i and have made 885 arrests in the first eleven months of 1997, which represents 26% of all arrests city- wide. What he told them at the meeting is that it would not be fair to the remainder of the City to pull additional resources into that reporting district. During the weekend 40% of the Police resources are dedicated to the peninsula. He explained that enforcement is only good for short term and he is not sure the Council wants to turn the City into a police state because it will inhibit good business. Council Member Hedges read from a faxed message from Mr. Hamilton dated October 1996 which states that he is surprised that any City planner would propose residences near restaurants or bars, yet the Cannery Village plan for land use encourages such. It is so obvious that late night and heavy holiday activities are not compatible with homeowners. The letter states that since the restaurants and bars are here already and not likely to leave, aren't we doing a disservice to future homeowners. He said he believes that his remarks are on point and are as germane now as when they were first ® written with respect to land use decisions and the proximity of alcohol uses and homes. The #1 goal of any business or corporation is its survival and everything else goes from that, and therefore if a business is to survive and Volume 51 - Page 542 110 1) City of Newport Beach City Council Minutes December 8, 1997 ITI it thinks it will not, the owner will do almost anything to prevent its demise. The changes proposed are not the kind of changes that will promote the peace, health, safety and welfare of residents in the neighborhood. The City also needs to be careful not to create conditions in a district that will require the commitment and expenditure of public resources to cure the problems and conditions which have been created. The City of Newport Beach is not directly responsible to insure the health and success of any particular business, but can promote a healthy business environment. Mr. Hamilton has done a lot for this community, but it is irrelevant to the business at hand. The testimony has indicated that since the dancing has stopped the conditions have improved. He said he thinks the City Council should give some direction to the Planning Commission about what the Council's policy is for the intensification of alcohol serving uses. He said he doesn't believe it is a good idea to allow the change in use and therefore the appeal should be upheld. Motion by Council Member Hedges to reverse the decision of the Planning Commission's approval of Use Permit 1521 (Amended) based on the findings of denial (Exhibit "B "). Council Member Noyes said he is not going to promote activities that require police protection. ® Council Member Debay said she has heard what the residents are saying and feels sad when someone like Bill Hamilton goes down to defeat. She said the first problem is to clean up the streets and get the problems taken care of She indicated that she will abstain from voting on this matter. Mayor Pro Tem O'Neil said he won't vote in favor of the motion since he believes that Mr. Hamilton is not the problem, but the solution. He said the City needs that type of person as a proprietor and he wants to see him stay in business. He said the area is the problem and he is committed to trying to resolve the problem of the raucous crowds that are attracted to the area. Council Member Glover spoke in support of the motion. She noted that Fashion Island has hurt the restaurants in the older areas and they have to change with the times. She spoke in support of retaining property values for both residential and business. She said she has no intention of supporting the intensification of uses on the peninsula and putting more police in area. Mayor Edwards said that Mr. Gregory has made a good case for the appeal, however if the permit is denied he doesn't thinly: the problem will go away. The external behavior in the Cannery Village area is bad, however he disagrees that all of the problems are related to the Cannery. The motion carried by the following roll call vote: Ayes: Thomson, Hedges, Glover, Noyes ® Noes: O'Neil, Mayor Edwards Abstain: Debay Absent: None Volume 51 - Page 543 City of Newport Beach City Council Minutes December 8, 1997 RECESS AND RECONVENE The meeting recessed at 10:03 p.m. and reconvened at 10:10 p.m. with all members present. 22. PUBLIC HEARING TO RECEIVE COMMEN'T'S ON THE FY 1996 -97 ANNUAL PERFORMANCE REPORT AND ONE YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mayor Edwards opened the pubic hearing, and hearing no testimony, closed the hearing. Motion by Mayor Pro Tem O'Neil to direct staff to prepare the draft FY 1998- 99 CDBG application for City Council review and approval at a public hearing tentatively scheduled for March 23, 1998. Council Member Glover noted that the report states that the City must make the Annual Performance Report available to the public for review prior to receiving citizen comments. She asked for clarification on whether the hearing on March 23, 1998 would be held before the City Council and staff confirmed that it would be. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 23. CITY NEWSLETTER. Council Member Noyes reported that a productive meeting was held with Council Members Glover and Thomson on November 26, 1997. After discussion they agreed to recommend that the proposed newsletter would discuss the three major issues affecting Newport Beach: the airport, annexation, and the Traffic Phasing Ordinance (T.P.O.). The newsletter will use a "frequently asked questions" format for the issues addressed and the City Council will be asked to submit questions they have been asked or would like answered. A City Council committee will review and edit the staff - written articles and the entire Council will then have an opportunity to review and comment on the draft articles. The format of the newsletter will be two pages, both sides. The first three pages will address major issues, while the last page will be City contact information. It will be distributed in the spring "Newport Navigator" and the City water bill. Motion by Council Member Noyes to receive the report of the subcommittee and direct staff to proceed with the development of one newsletter in the format described at a cost of $12,500. Council Member Hedges said he is impressed with the type of focus that the committee brought to the issue and said he thinks they did an outstanding job of identifying the top three issues. Depending on its success the Council Volume 51 - Page 544 INDEX FY 1998 -99 CDBG Application (87) City Newsletter (33) City of Newport Beach City Council Minutes December 8, 1997 ® may want to publish a newsletter on a quarterly basis. Without objection, the motion carried by acclamation. 24. REORGANIZATION OF FIRE AND MARINE; DEPARTMENT Council Member Noyes said he originally thought this was a policy decision rather than an administrative decision, however he has been convinced that it is an administrative decision and he wants to back the City Manager in that decision. He said he also had the idea of hiring a marine safety officer for the disaster preparedness position. He questioned the staff report and an entry step officer making $58,000 which according to the budget is about $20,000 off. Fire/Marine Chief Riley explained that the information was transmitted as the fully loaded cost (salary and benefits) not just the salary. City Manager Murphy explained that once the decision is made, the recruitment will be opened, so it will probably be filled within 90 days. Mr. Murphy stated that staff is recommending a civilian disaster preparedness coordinator. Since the number of marine safety officers have been reduced during the course of the last five or six years, by filling the ® position with a marine safety officer this staff person could be used as an MSO during the peak season to fill those positions rather than using an MSO on overtime. Either a sworn position in the Fire Department or in the Marine Division could very easily undertake this effort and they would be very qualified to do it. He said one of his concerns was that both of those positions are likely to be desirous of seeking further promotions or looking at other opportunities, therefore the City may not get someone who is willing to stay in that position over a long period of time. It is more likely you would get a civilian to stay in the position and focus on that position as a career objective rather than looking at multiple career objectives. The goal is to focus on training the organization, getting the organization internally ready for a disaster, as well as reaching out to the community and preparing the community within the community associations for disaster. Any of the three could do it, but to get the continuity over time the civilian coordinator would make more sense. Mr. Murphy explained that one issue is continuity and one is cost. He said the City currently has a civilian in the Police Department doing crime prevention and this would be a companion on the disaster preparedness side in the Fire/Marine Department. He noted that there are additional costs that go along with sworn positions in terms of insurance, retirement, etc. He said it is more likely that a sworn officer will want to move to another position in the operation since they are positions that tend to want to move and promote. There will not be a career ladder for this position, however he believes there will be a highly qualified pool of civilian candidates for this ® position. Council Member Hedges noted that the City needs to be very careful about Volume 51 - Page 545 III 1 / Reorganization Fire/Marine Dept (66/41) City of Newport Beach City Council Minutes December 8, 1997 how the position is structured. If it is going to be professional position and the City wants to attract people already in the field it needs to be such. If it is a Marine Safety Officer position the City would have to hire people in the Marine Safety Officer field which would put a lower emphasis on disaster preparedness becomes it becomes for all intents and purposes an additional duty. If the City puts a high emphasis on disaster preparedness then there is a need to hire a professional single coordinator. Motion by Council Member Hedges to approve the reorganization as recommended by the Fire and Marine Chief due to the retirement of the Administrative Deputy Chief. Without objection, the motion carried by acclamation. Rich Thomas, President of the Newport Beach Firefighters Association, reiterated that the association is opposed to the reorganization as stated. He thanked the Council for considering their point of view and taking the time to listen to them. 25. UPDATE ON LIGHTING LEVELS AT FLETCHER JONES MOTORCARS. Mayor Edwards reported that he has received quite a few calls on the lights, and even though there has been a lessening of the lights, as late as Friday ® night there was still a tremendous amount of light. He said something also needs to be done with the landscaping. Assistant City Manager Wood explained that none of the mitigation measures explained in the report have been done yet. The dealership has agreed to go ahead with the recommendations on the shields and the service entrance lights, as well as installing a control system to step them down over time. She indicated that some of the neighbors have indicated that landscaping is also important. Council Member Glover said she would like a report back on the status of this situation in 30 days because she wants Fletcher Jones to start rectifying this problem. In response to her questions, she was advised that the City does not have any criteria for how many lights can be put on a space or for how high the light poles can be. Motion by Council Member Glover to receive the report and direct staff to bring back a status report in thirty (30) days. A resident (name not provided) reported that last August the quality of her life changed when Fletcher Jones Motorcars was built in front of her home. She noted that the intensity has been reduced between 10:30 p.m. and 7 a.m., however from 5:00 p.m. to 10:30 p.m. they still have a mass of bright lights. She noted that the daytime problem has not been addressed and she is concerned about the aesthetic viewpoint. She distributed photographs and ® said the problems can be solved by painting the dealership in light tan to blend in with the environment, planting palm trees along the service center to break up the monotony and glare, landscaping the long parking strip for Volume 51 - Page 546 Fletcher Jones Motorcars C -3067 (38) City of Newport Beach City Council Minutes December 8, 1997 ® employees, painting the light posts in light tan, and turning down the lights between 5:00 p.m. and 10:30 p.m. Barbara Quist, 2957 Catalpa Street, voiced concern about the lack of landscaping and said she hopes they will paint the side of the service building to a light beige. She said there is no landscaping alongside Bayview. Without objection, the motion carried by acclamation. 26. AIRPORT UPDATE. City Manager Murphy reported that when the Council directed staff to look at full -time staff to work on the airport issues it prompted a review of the staffing. He announced that he is assigning Assistant to the City Manager Peggy Ducey the position of Deputy City Manager to work on this with the City Attorney commencing immediately. The #2 candidate from the search for an Assistant to the City Manager, David Kifl', who is currently Assistant to the City Manager in Orange, will assume Ms.:Ducey's position on January 5, 1998. City Attorney Burnham reported that the development of a second ® commercial airport to serve the Orange County demand is now the Council's first priority and has always has been for 18 years. He explained that the City's interest in developing a second commercial airport is outlined in the Council policy. The Council has recognized for more than twenty years that in the absence of an additional and complimentary commercial airport convenient to Orange County residents, there will be constant and continued pressure to increase the number of commercial jet departures at JWA and any resulting increase in noise could degrade the quality of life of the residents. Council has also been aware as are the majority of Orange County voters that JWA is incapable of handling the county's current air transportation and air cargo demand and will become even more incapable if the County grows. Newport Beach supported the decision to close El Toro and twice Orange County voters have approved a. commercial aviation re -use of the base. The Council lobbied very hard to have the Board of Supervisors act as the local redevelopment authority to adopt a Community Reuse Plan for El Toro that called for commercial aviation reuse. During the next year staff will redouble the efforts that has been expended in the past years. Ms. Ducey has been the Executive Director of OCRAA for the past few months so she has developed an ongoing relationship with OCRAA members. He said they hope to increase the membership and hope to use OCRAA member cities to disseminate accurate information about the benefits of converting El Toro to a commercial airport and to debunk some of the myths that airport opponents have spread during the past twelve months. They will also continue to lobby the Board of Supervisors and federal agencies that are involved with the reuse process in support of a commercial aviation reuse ® and will also actively monitor the activities of anti - airport groups. Mayor Pro Tem O'Neil stated that the City knows that a commercial airport Volume 51 - Page 547 INDEX No report City of Newport Beach City Council Minutes December 8, 1997 ® at El Toro will benefit the entire county, therefore are active to make sure that happens sometime in the near future. However, the impact of an increase in air traffic out of JWA significantly impacts Newport Beach and not necessarily the rest of the cities in the county, therefore part of the function is to expend a significant amount of time and effort to make sure that JWA isn't expanded further and perhaps work on extending the agreement that expires in 2005. Mr. Burnham stated that this will be a high priority item for them. A week or so ago the airport office sent letters to Southwest and Reno indicating that they may have to withdraw seat allocation capacities for those carriers because the airport may approach the 8.4 million annual passenger cap. This points out the need to monitor events at JWA and also monitor things that occur in the federal legislative and regulatory structure to insure that the settlement agreement remains in place. He said they will make every effort to make sure the settlement agreement stays in place. He said it is important to point out that the City Council has adopted a policy that states that El Toro can be converted to a commercial airport without having significant impact on the people that live around. the base because there is a huge no -home zone created as a result of very noisy military operations. The no -home zone doesn't exist around JWA. The land use around El Toro was planned with the concept that the noisy airport operations would continue in the foreseeable future so there are large arrival and departure corridors for ® aircraft. The Council has recognized in their policy that El Toro can be converted without affecting the quality of life of Orange County residents. In response to concerns raised about how Mr. Burnham's normal activities will be handled, Mr. Burnham stated that he has been devoting a large amount of time to airport issues in the last two years and Ms. Ducey will be taking over some of the things that he has been doing. He said his time will be spent more effectively and efficiently. Staff was requested to provide an airport update on the Consent Calendar at every meeting. 27. MEMORANDUM OF UNDERSTANDING WITH THE ORANGE COUNTY FIRE AUTHORITY REGARDING NEWPORT COAST AND BONITA CANYON ANNEXATIONS. City Manager Murphy stated that there are two reports on this item in the packet. The first staff report went out with the packets on Wednesday and the second is a supplemental package that was distributed on Friday as a result of the Legislative Committee meeting held on Friday morning. In essence the item before Council tonight is a Memorandum of Understanding (MOU) that staff was directed to negotiate last March to come to final conclusions and an understanding with the Orange County Fire Authority. Staff has been able to do that and it achieves 100% of the property tax since the City will provide 100% of the fire protection. It addresses the staffing in ® terms of the transition planning, it addresses the various responsibilities in the wild land areas and looks at the potential phasing that will take place if the Council were to move forward and file an application. The supplemental Volume 51 - Page 548 INDEX MOU OCFA Re: Newport Coast & Bonita Canyon Annexations C -3175 (38) City of Newport Beach City Council Minutes December 8, 1997 ® report deals with the public outreach program. The Legislative Committee on Friday suggested that on January 12, 1998 following meetings of the Legislative Committee, Finance Committee and Public Safety Committee at which the actual numbers are reviewed, that this be brought to the full City Council for discussion. That would be followed by three community meetings (January 13, 21 and 28th at the Central Library, Council Chambers and Anderson School) to publicly outreach the information. Motion by Council Member Hedges to approve the agreement establishing future property tax split between the City and the Orange County Fire Authority (OCFA), transition plans for fire operations, and transition plans for OCFA personnel, subject to the City Council's approval to file an annexation application with LAFCO. Without objection, the motion carried by acclamation. 28. STATUS REPORT ON TRAFFIC MITIGATION FOR THE JAMBOREE ROAD AND EASTBLUFF DRIVE/FORD ROAD INTERSECTION. City Manager Murphy reported that the three recommendations Council is being asked to undertake are to direct staff to finalize the preliminary design related to the free right hand turn at Jamboree and Eastbluff, to continue discussions with the Presbyterian Church on the corner and other property ® owners on right of way issues and as a result of those actions prepare a capital improvement project for the 1998 -99 budget. The City also has a proposal on an agreement that would deal with potential funding of this particular project. Public Works Director Webb reported that staff has met with the Pastor, building manager and another man with the church and showed them several different options. They indicated that they would be very willing to work with the City on dedicating what land is necessary to do this, however this did ask in putting together our designs that we respect their ability to be able to build a sanctuary in the future as well as they don't really want to lose any of their playground area for their pre - school. Council Member Glover said she wants to be sure we have identified the property parties and are negotiating with them and that all of the items are discussed in the public. Paul Gerst, 2028 Vista Cajon, representing the Bluffs Homeowners Association, referring to the November 24th letter from Ron Foster, Presidents of the Bluffs Homeowners Association, reiterated the points in the letter that the association has agreed to. Included in the letter is a certified copy of an agreement reached by the community association which represents 77% of the residents stating their support of the Eastbluff Homeowners Association six step plan. It is contingent upon mitigation of traffic at the intersection of Ford and Jamboree and the various intersections ® along Eastbluff Drive. The support of the plan would not have occurred had there not been a consensus agreement among the associations that the City address traffic concerns in the entire area. To simply study the issues Volume 51 - Page 549 10 1 ' Traffic Mitigation Jamboree Rd/Eastbluff Drive/Ford Road (85) City of Newport Beach City Council Minutes December 8, 1997 1101) further is insufficient and they expect there to be action at the City Council level to effect mitigation of all the traffic issues in the Eastbluff area including those related to the schools and not limited specifically to the Eastbluff Homeowners Association six step plan. The Bluffs Homeowners Community spearheaded this consensus and it was done in an effort to bring about a mitigation and a solution to the traffic problem in a community that has only eight intersections. If you do something to two of them you will most assuredly impact the other six. Barry Eaton, 727 Bellis Street, said he is very encouraged that this item is before Council and he hopes Council will take the action as recommended. He said that Carol Hoffman has his permission to discuss and answer questions on the issue they have been discussing. In summary, he said he thinks the reason the proposed project is so advantageous is that it removes a significant inconvenience all the time, which is the no right turn on red since it becomes a very severe congestive problem when high school and the churches let out. It also significantly lowers the level of service at that intersection which will allow for modest growth to occur in various locations of the City. As a member of the Eastbluff Board of Directors he distributed a copy of the resolution which was adopted and noted that Items 4 and 5 calls out Ford and Jamboree separately and distinctly. David Purves, 532 Vista Grande, a member of the Board of Directors of the ® Bluff Homeowners Community Association, reported that the association is made up of 647 homes along Vista del Oro and Mar Vista. He said they support Mr. Gerst's comments as a member of the board. He reported that he is working with a group to get the Eastbluff School reopened. When that happens approximately 300 Eastbluff grade school students will no longer be attending Lincoln, which will mean a significant decline in the number of vehicle trips out of the Eastbluff area across Jamboree. He said the churches also present problems and noted that Our Lady Queen of Angels has a school with similar hours as the high school with no busing. He urged the Council to deal with the entire area as a related unit and to have in mind as the ultimate reason for dealing with this the safety of the children. Carol Hoffman, The Irvine Company, clarified that the purpose of the material that was sent to the Council this evening was twofold. First, it was an effort to reach an agreement that would be litigation avoidance because of the importance of the Bonita Canyon project. Due to the time frame with the school district, they were hopeful that they could collectively come to a solution whereby The Irvine Company could contribute toward the solutions at Eastbluff/Ford/Jamboree intersection. The letter was an effort to convey their willingness to participate in a greater way than had been indicated previously and was not indicated to dictate any Council action but to respond to the requests made of them. She asked for the Council's favorable consideration of the staff recommendation and perhaps even a stronger recommendation that will allow them to work towards a solution. ® Motion by Council Member Hedges to direct staff to finalize preliminary design and engineering for a free right turn lane from eastbound Eastbluff Drive to southbound Jamboree Road; continue discussions with St. Mark Volume 51 - Page 550 City of Newport Beach City Council Minutes December 8, 1997 ® Presbyterian Church and other affected property owners on right -of -way issues; and prepare a capital improvement project for the 1998 -99 budget commencing July 1, 1998. Staff also directed to analyze the effect of the proposed Bonita Canyon annexation on all of the Eastbluff intersections. Council Member Hedges said he has a copy of the conceptual proposal as negotiated between The Irvine Company, Mr. Eaton and SPON, and explained that even though the letter indicates things the City will do, the City has not been a party to these negotiations. lie said the City Council has remained consistent and unanimous in the commitment to address and solve the problems generated within the Eastbluff community. Those problems have been in existence and will continue whether or not the annexation takes place. He said the Council is committed to addressing these issues, but it will be done in the public arena while addressing the people that live in the Eastbluff community. He said the Council won't be tied down to a course of action without more to go on and noted that the Council doesn't respond well to threats of litigation and it won't hold up the annexation. He encouraged the parties to work together. Council Member Glover said that to receive a document like was received tonight is a slap in the face and it threatens legal action. She said that anything the City Council does can be done in the public arena. ® Without objection, the motion carried by acclamation. 29. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL STANDING AND AD HOC COMMITTEES; AND JOINT GOVERNMENTAL COMMITTEES (By virtue of Council Policy A -9, the Mayor is a member of all Standing and Ad Hoc Committees). The following appointments were made: I. A. Finance Committee 1. Mayor 2. Council Member Hedges, Chair 3. Council Member Thomson B. Harbor. Beaches and Parks Committee 1. Mayor 2. Council Member Noyes, Chair 3. Council Member Glover C. Legislative Committee ® 1. Mayor 2. Council Member Glover, Chair 3. Mayor Pro Tem O'Neil Volume 51 - Page 551 1 1 Committee Appointments (24) E City of Newport Beach City Council Minutes December 8, 1997 1 1 D. Public Safety Committee 1. Mayor 2. Council Member Thomson, Chair 3. Council Member Noyes 4. City Manager 5. City Attorney Volume 51 - Page 552 E. Public Works Committee 1. Mayor 2. Council Member Debay, Chair 3. Council Member Noyes II. COUNCIUCITIZENS AD HOC COMNHTTEES A. Aviation Committee 1. Mayor Edwards 2. Council Member Glover 3. City Manager 4. City Attorney B. Ad Hoc Committee to Promote Revitalization of our ® Peninsula (PROP) 1. Council Member Hedges 2. Council Member Noyes 3. Council Member Debay C. City- School Ad Hoc Committee 1. Council Member Thomson 2. Council Member Noyes 3. Council Member Debay 4. City Manager D. Economic Development Committee 1. Mayor 2. Council Member Noyes 3. Mayor Pro Tem O'Neil 4. Planning Commissioner Pranzley E. Advance Newport Center Economic Opportunities Ad Hoc Committee (NCEO) 1. Mayor 2. Mayor Pro Tem O'Neil 3. Council Member Noyes 0 4. City Manager 5. City Attorney Volume 51 - Page 552 iE 0 City of Newport Beach City Council Minutes December S, 1997 7. Planning Director S. Public Works Director III. REPRESENTATIVES TO JOINT GOVERNMENTAL A. Growth Management Area S Representative 1. Mayor Pro Tem O'Neil B. Hazardous Waste Material - Joint Powers Authorit Volume 51 - Page 553 1N 1 ` Citizens Advisory Committee Appointments (24) 1. Council Member Thomson C. Inter -City Liaison Committee 1. Council Member Debay 2. Council Member Thomson 3. City Manager D. Joint Committee for the Evaluation and Implementation of the Upper Newport Bav Cooperative Agreement 1. Council Member Glover 2. Council Member Noyes (Alt) E. League of California Cities/Orange County Division 1. Mayor 2. Mayor Pro Tom O'Neil (Alt) F. Orange County Homeless Coalition (Affordable Housing) 1. Council Member Noyes 2. Planning Staff Genia Garcia G. Orange County Housing Commission - Advisory Committee 1. Planning Staff Genia Garcia 2. Planning Staff Patricia Temple (Alt) H. Orange County Regional Airport Authority (OCRAA) 1. Mayor Edwards 2. Council Member Glover (Silt) 3. Assistant to the City Manager Volume 51 - Page 553 1N 1 ` Citizens Advisory Committee Appointments (24) City of Newport Beach City Council Minutes December 8, 1997 C J IV. I. Orange County Sanitation Districts District 5 1. Council Member Debay (Mayor declines to serve) 2. Council Member Noyes District 6 1. Council Member Debay 2. Council Member Noyes (Alt) District 7 1. Council Member Debay 2. Council Member Noyes ( ?1t) J. Orange County Transportation Authority (OCTA) Corridor Elected Officials Committee 1. Mayor Pro Tom O'Neil K. Orange County Vector Control District Board of Trustees 1. Council Member Thomson L. Santa Ana River Flood Protection Agenc 1. Council Member Debay 2. Council Member Hedges M. SAN JOAOUIN HILLS TRANSPORTATION CORRIDOR JOINT POWERS AGENCY BOARD OF 1. Mayor Pro Tem O'Neil 2. Council Member Thomson (Alt) N. SR73 /SR55/I -405 FREEWAYS CONFLUENCE POLICY 1. Mayor Pro Tem O'Neil A. Bicycle Trails 1. Council Member Noyes Volume 51 - Page 554 INDEX E CI'�J E City of Newport Beach City Council Minutes December 8, 1997 n. rmvironmencai wmancv Anairs 1. Council Member Noyes 2. Council Member Debay C. Harbor Quality 1. Council Member Glover 2. Council Member Noyes D. Youth Council 1. Council Member Debay 2. Recreation Manager (Community Services Staff) 30. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE -YEAR TERM ENDING DECEMBER 31, 1998 (appointed by Council upon recommendation of each Council Member). Action: Mayor Edwards stated that he will withhold these appointments, in particular the Environmental Quality Affairs Committee, because on December 15, 1997 the Council will be taking public input regarding reconstituting the committee by incorporating more membership from the homeowners association. Bicvcle Trails Citizens Advisory Committee (District 1) Council Member Hedges' appointment of and (District 2) Council Member Debay's appointment of and (District 3) Council Member Glover's appointment of and (District 4) Mayor Edwards' appointment of and (District 5) Council Member Noyes' appointment of and (District 6) Mayor Pro Tem O'Neil's appointment of and (District 7) Council Member Thomson's appointment of and Volume 51 - Page 555 I W1 1 Citizen Advisory Committee Appoint- ments (24) City of Newport Beach City Council Minutes December 8, 1997 ® Environmental Quality Committee (District 1) Council Member Hedges' appointment of and (District 2) Council Member Debay's appointment of and (District 3) Council Member Glover's appointment of and (District 4) Mayor Edwards' appointment of and (District 5) Council Member Noyes' appointment of and (District 6) Mayor Pro Tem O'Neil's appointment of and (District 7) Council Member Thomson's appointment of and ® Harbor Quality Citizens Affairs Committee (District 1) Council Member Hedges' appointment of (District 2) Council Member Debay's appointment of (District 3) Council Member Glover's appointment of (District 4) Mayor Edwards' appointment of (District 5) Council Member Noyes' appointment of (District 6) Mayor Pro Tem O'Neil's appointment of (District 7) Council Member Thomson's appointment of MOTION FOR RECONSIDERATION - None ® ADJOURNMENT - 11:30 p.m. to Monday, December 15, 1997 - 5:00 p.m. - Goal Setting for 1998; 7:00 p.m. - Meeting with Boards/Commissions/ Committees - In memory of Walter Cruttenden, Jr. Volume 51 - Page 556 I V 1. City of Newport Beach City Council Minutes December S, 1997 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx The agenda for the Regular Meeting was posted on December 3, 1997 at 3:20 p.m. and the Supplemental Agenda was posted on December 5, 1997 at 3:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Volume 51 - Page 557 INDEX